[Congressional Record Volume 167, Number 190 (Thursday, October 28, 2021)]
[Senate]
[Pages S7485-S7487]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3981. Mr. CARDIN (for himself and Mr. Young) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 1283. COMBATING GLOBAL CORRUPTION.
(a) Definitions.--In this section:
(1) Corrupt actor.--The term ``corrupt actor'' means--
(A) any foreign person or entity that is a government
official or government entity responsible for, or complicit
in, an act of corruption; and
(B) any company, in which a person or entity described in
subparagraph (A) has a significant stake, which is
responsible for, or complicit in, an act of corruption.
(2) Corruption.--The term ``corruption'' means the unlawful
exercise of entrusted public power for private gain,
including by bribery, nepotism, fraud, or embezzlement.
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(3) Significant corruption.--The term ``significant
corruption'' means corruption committed at a high level of
government that has some or all of the following
characteristics:
(A) Illegitimately distorts major decision-making, such as
policy or resource determinations, or other fundamental
functions of governance.
(B) Involves economically or socially large-scale
government activities.
(b) Publication of Tiered Ranking List.--
(1) In general.--The Secretary of State shall annually
publish, on a publicly accessible website, a tiered ranking
of all foreign countries.
(2) Tier 1 countries.--A country shall be ranked as a tier
1 country in the ranking published under paragraph (1) if the
government of such country is complying with the minimum
standards set forth in subsection (c).
(3) Tier 2 countries.--A country shall be ranked as a tier
2 country in the ranking published under paragraph (1) if the
government of such country is making efforts to comply with
the minimum standards set forth in subsection (c), but is not
achieving the requisite level of compliance to be ranked as a
tier 1 country.
(4) Tier 3 countries.--A country shall be ranked as a tier
3 country in the ranking published under paragraph (1) if the
government of such country is making de minimis or no efforts
to comply with the minimum standards set forth in subsection
(c).
(c) Minimum Standards for the Elimination of Corruption and
Assessment of Efforts to Combat Corruption.--
(1) In general.--The government of a country is complying
with the minimum standards for the elimination of corruption
if the government--
(A) has enacted and implemented laws and established
government structures, policies, and practices that prohibit
corruption, including significant corruption;
(B) enforces the laws described in subparagraph (A) by
punishing any person who is found, through a fair judicial
process, to have violated such laws;
(C) prescribes punishment for significant corruption that
is commensurate with the punishment prescribed for serious
crimes; and
(D) is making serious and sustained efforts to address
corruption, including through prevention.
(2) Factors for assessing government efforts to combat
corruption.--In determining whether a government is making
serious and sustained efforts to address corruption, the
Secretary of State shall consider, to the extent relevant or
appropriate, factors such as--
(A) whether the government of the country has criminalized
corruption, investigates and prosecutes acts of corruption,
and convicts and sentences persons responsible for such acts
over which it has jurisdiction, including, as appropriate,
incarcerating individuals convicted of such acts;
(B) whether the government of the country vigorously
investigates, prosecutes, convicts, and sentences public
officials who participate in or facilitate corruption,
including nationals of the country who are deployed in
foreign military assignments, trade delegations abroad, or
other similar missions, who engage in or facilitate
significant corruption;
(C) whether the government of the country has adopted
measures to prevent corruption, such as measures to inform
and educate the public, including potential victims, about
the causes and consequences of corruption;
(D) what steps the government of the country has taken to
prohibit government officials from participating in,
facilitating, or condoning corruption, including the
investigation, prosecution, and conviction of such officials;
(E) the extent to which the country provides access, or, as
appropriate, makes adequate resources available, to civil
society organizations and other institutions to combat
corruption, including reporting, investigating, and
monitoring;
(F) whether an independent judiciary or judicial body in
the country is responsible for, and effectively capable of,
deciding corruption cases impartially, on the basis of facts
and in accordance with the law, without any improper
restrictions, influences, inducements, pressures, threats, or
interferences (direct or indirect);
(G) whether the government of the country is assisting in
international investigations of transnational corruption
networks and in other cooperative efforts to combat
significant corruption, including, as appropriate,
cooperating with the governments of other countries to
extradite corrupt actors;
(H) whether the government of the country recognizes the
rights of victims of corruption, ensures their access to
justice, and takes steps to prevent victims from being
further victimized or persecuted by corrupt actors,
government officials, or others;
(I) whether the government of the country protects victims
of corruption or whistleblowers from reprisal due to such
persons having assisted in exposing corruption, and refrains
from other discriminatory treatment of such persons;
(J) whether the government of the country is willing and
able to recover and, as appropriate, return the proceeds of
corruption;
(K) whether the government of the country is taking steps
to implement financial transparency measures in line with the
Financial Action Task Force recommendations, including due
diligence and beneficial ownership transparency requirements;
(L) whether the government of the country is facilitating
corruption in other countries in connection with state-
directed investment, loans or grants for major
infrastructure, or other initiatives; and
(M) such other information relating to corruption as the
Secretary of State considers appropriate.
(3) Assessing government efforts to combat corruption in
relation to relevant international commitments.--In
determining whether a government is making serious and
sustained efforts to address corruption, the Secretary of
State shall consider the government of a country's compliance
with the following, as relevant:
(A) The Inter-American Convention against Corruption of the
Organization of American States, done at Caracas March 29,
1996.
(B) The Convention on Combating Bribery of Foreign Public
Officials in International Business Transactions of the
Organisation of Economic Co-operation and Development, done
at Paris December 21, 1997 (commonly referred to as the
``Anti-Bribery Convention'').
(C) The United Nations Convention against Transnational
Organized Crime, done at New York November 15, 2000.
(D) The United Nations Convention against Corruption, done
at New York October 31, 2003.
(E) Such other treaties, agreements, and international
standards as the Secretary of State considers appropriate.
(d) Imposition of Sanctions Under Global Magnitsky Human
Rights Accountability Act.--
(1) In general.--The Secretary of State, in coordination
with the Secretary of the Treasury, should evaluate whether
there are foreign persons engaged in significant corruption
for the purposes of potential imposition of sanctions under
the Global Magnitsky Human Rights Accountability Act
(subtitle F of title XII of Public Law 114-328; 22 U.S.C.
2656 note)--
(A) in all countries identified as tier 3 countries under
subsection (b); or
(B) in relation to the planning or construction or any
operation of the Nord Stream 2 pipeline.
(2) Report required.--Not later than 180 days after
publishing the list required by subsection (b)(1) and
annually thereafter, the Secretary of State shall submit to
the committees specified in paragraph (6) a report that
includes--
(A) a list of foreign persons with respect to which the
President imposed sanctions pursuant to the evaluation under
paragraph (1);
(B) the dates on which such sanctions were imposed;
(C) the reasons for imposing such sanctions; and
(D) a list of all foreign persons found to have been
engaged in significant corruption in relation to the
planning, construction, or operation of the Nord Stream 2
pipeline.
(3) Form of report.--Each report required by paragraph (2)
shall be submitted in unclassified form but may include a
classified annex.
(4) Briefing in lieu of report.--The Secretary of State, in
coordination with the Secretary of the Treasury, may (except
with respect to the list required by paragraph (2)(D))
provide a briefing to the committees specified in paragraph
(6) instead of submitting a written report required under
paragraph (2), if doing so would better serve existing United
States anti-corruption efforts or the national interests of
the United States.
(5) Termination of requirements relating to nord stream
2.--The requirements under paragraphs (1)(B) and (2)(D) shall
terminate on the date that is 5 years after the date of the
enactment of this Act.
(6) Committees specified.--The committees specified in this
subsection are--
(A) the Committee on Foreign Relations, the Committee on
Appropriations, the Committee on Banking, Housing, and Urban
Affairs, and the Committee on the Judiciary of the Senate;
and
(B) the Committee on Foreign Affairs, the Committee on
Appropriations, the Committee on Financial Services, and the
Committee on the Judiciary of the House of Representatives.
(e) Designation of Embassy Anti-corruption Points of
Contact.--
(1) In general.--The Secretary of State shall annually
designate an anti-corruption point of contact at the United
States diplomatic post to each country identified as tier 2
or tier 3 under subsection (b), or which the Secretary
otherwise determines is in need of such a point of contact.
The point of contact shall be the chief of mission or the
chief of mission's designee.
(2) Responsibilities.--Each anti-corruption point of
contact designated under subsection (a) shall be responsible
for enhancing coordination and promoting the implementation
of a whole-of-government approach among the relevant Federal
departments and agencies undertaking efforts to--
(A) promote good governance in foreign countries; and
(B) enhance the ability of such countries--
(i) to combat public corruption; and
(ii) to develop and implement corruption risk assessment
tools and mitigation strategies.
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(3) Training.--The Secretary of State shall implement
appropriate training for anti-corruption points of contact
designated under paragraph (1).
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